Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Calculation of reasonable needs

  • 13 Nov 2019

    徐 對 羅

    Citation
    [2019] HKFC 288
    Court
    Family Court
    Case number
    FCMC15314/2018

    The court applied the established rough‑calculation approach for maintenance pending suit: it assessed the children's reasonable monthly needs, excluded unsupported or unreasonable items, relied on respondent's prior net income as indicative of capacity, and concluded respondent could pay. The court denied the applicant's personal interim maintenance and awarded interim child maintenance of HK$9,000 per month (HK$3,000 per child) from 7 December 2019, until further order.

  • 2 Jun 2009

    CMT v. AS

    Citation
    CMT v. AS
    Court
    Family Court
    Case number
    FCMP219/2007

    On the primary consideration of the child's best interests the court awards custody, care and control to the mother; the Respondent's financial disclosure was unreliable and his true means allowed the court to vary interim maintenance to HK$5,800 per month (HK$3,200 to Applicant; HK$2,600 to child) with ongoing payments ordered, and the Respondent has the ability to pay.

  • 7 May 2008

    N v. L

    Citation
    N v. L
    Court
    Family Court
    Case number
    FCMC306/2000

    The court accepted the respondent lacked means to pay from Feb 2007 to Jul 2007 and remitted arrears for that period; adjusted reasonable needs of the petitioner and children to justify $9,000 monthly maintenance initially; found the respondent could pay $7,000 per month from Aug-Nov 2007 and $4,000 per month from Dec 2007 taking into account personal expenses, support to new family and debt repayments; varied the maintenance order such that petitioner receives $1,000 per month from Aug 2007 and each child received $3,000 per month Aug-Nov 2007 then $1,500 per child from Dec 2007 (total $7,00…